The Basics of Administrative Grievances

With Goddard  management’s notice they will not recognize GESTA’s Collective Bargaining Agreement (CBA) following the recent Executive Order, grievances are no longer being processed under the Negotiated Grievance Procedure (NGP). However grievance options still exist for bargaining unit employees and all employees, including under the Agency’s Administrative Grievance System (AGS), which is outlined in NPR 3771.1A. We encourage members and employees to read this NPR fully to understand these rights.

Through the AGS any employee(s) may bring forward a concern or dispute on a matter which is within the authority and control of the NASA Agency, and may make a request for personal relief. The grievance is typically submitted as an informal grievance (Step 1) to one’s supervisor. If not resolved by that decision it can be further brought forward as a “formal” grievance (Step 2) by submitting this to the HR Director. The current Acting HR Director for Goddard is Ms. Leah Hollander. If the issue grieved involves the supervisor, the employee may make a request to the HR director that they bypass Step 1 and start at the formal Step 2. The decision for any relief is made by a Deciding Official appointed by the HR Director.

Timelines: Informal grievances (Step 1) must be submitted in written or oral format to one’s immediate supervisor within 15 days of the relevant event or act. However, in the case of an ongoing issue the grievance may be filed at any time. A formal written grievance (Step 2) must be submitted to the HR Director within 10 days of receiving a decision on informal grievance (Step 1) from the immediate supervisor. Note, these time frames are in calendar days and not workdays, unlike negotiated grievances.

Representation: Employees may represent themselves or be represented by someone of their choice, including another employee. 

Deciding Officials: For Informal (Step 1) grievances the Deciding Official is the Immediate Supervisor. For formal (Step 2) grievances the Deciding Official will be designated by the HR Director. The Step-2 deciding official should not have been involved in making the decision being grieved, and therefore this role may be forwarded up the management chain, potentially up to the Center Director level. If the Center Director is involved in the matter being grieved they also have the option to ask another Center or HQ official to serve as the Deciding Official.

Official Time and Representation Rights
Like negotiated grievances filed under the CBA, employees and their representatives are entitled to official (paid) time to prepare and present administrative grievances. This includes participating in meetings, responding to management or HR questions, and supporting fact-finding by the Deciding Official. Both the grievant and their representative will be entitled to a reasonable amount of official time, which must be requested from the immediate supervisor in advance of charging any time.

Other details:

• Administrative grievances are open to all employees, including members of management. One does not need to be a bargaining unit employee of GESTA.
• A single grievance *can be* submitted for a group of employees with a request made for personal relief for all the members in the group with a common complaint, and with a single representative.
• Administrative grievances *cannot* be used for certain issues where an external appeal process applies, such as to the Merit Systems Protection Board, the Office of Personnel Management, the Federal Labor Relations Authority, the Department of Labor, the Office of Special Counsel, or the Equal Employment Opportunity Commission.  See more on this in our other blog post.
• Administrative grievances *cannot* be used for cases of Term, Pathways, or Probationary employees grieving expiration of their term, non-conversion, or termination within the probationary time period.
• Unlike bargaining unit grievances, decisions at Step 2 by the Deciding official are final and no appeal to arbitration is possible.

Summary

• Even with management not recognizing GESTA’s CBA, employees have the right to: 
• File grievances into the Administrative Grievance System (AGS).
• Transfer current pending performance reconsideration grievances (see more below) and certain non-performances related pending negotiated grievances under the current bargaining unit into this AGS. 
• Designate a representative and request official time during this AGS process.
• Be free from retaliation for filing grievances or assisting others.

If so desired, GESTA individuals and officers are available to advise and represent, as fellow  employees, any employees in this process – please reach out to us.